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Protecting the Rights of Old People by Preventing Age Discrimination

By Edited Feb 10, 2014 0 0

All people will get old whether they like it or not. Even the technology today cannot stop you from aging, though it can help you look much younger than your actual age.

Aside from affecting the way you look, aging may also prohibit you from doing things that you normally do. For example, you may not be able to run as fast as younger people because you are suffering from rheumatism.

Although aging has different effects on your body, it should not be used as a basis when determining your skills as an employee. Today, many employers use this factor when deciding whether to hire an applicant or fire a current employee.

Age discrimination happens when your employer uses your age as a basis when making decisions that can affect your employment such as a promotion or job advancement, salary, and job duties, among others.

The Age Discrimination in Employment Act (ADEA) of 1967 protects older people from any discriminatory actions that may be done against them because of their age. This law covers job applicants and employees who are at least 40-years-old.

It gives you the right to sue your employer if he discriminated against you on the basis of your age or retaliated against you if ever you:

  • Sued him for discrimination
  • Opposed a certain employment practice that is discriminatory in nature
  • Participated in a proceeding or investigation under ADEA

ADEA covers all employers who have at least 20 workers, including local and state governments. The rules that are being enforced under it may also be applied to the federal government as well as labor organizations and employment agencies.

Here are the following areas covered by ADEA:

  • Hiring process- Generally, employers are allowed to ask for your age, but they should make sure that they have valid reasons for doing it.
  • Job advertisements and notices- Employers are prohibited from including age specifications, limitations, and preferences when making or posting job advertisements or notices. They may only do so if it is needed for the job in question.
  • Employee benefits- ADEA was amended by the Older Workers Benefit Protection Act (OWBPA) of 1990 in order to add additional protection to employees, especially when it comes to their benefits.

If you believe that you were subjected to discriminatory practices, you can fight for your rights and sue your employer. You will have a bigger chance of proving that you are a victim of age discrimination by acquiring legal aid from a Los Angeles employment lawyer.



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